Don’t give the boss berate
insults can have for workers is very expensive consequences. A long-time employee of a family business, described his bosses as “social ass holes”. The result is an extraordinary, summary dismissal was. While the clerk struggled with an unfair dismissal claim: The regional labour court (LAG Schleswig) Holstein gave the employer the dismissal was effective.
The judge did not follow the justifications of the employee, his Statements were covered by the freedom of speech, you’ve got him provoked, and the employment relationship have long passed the age of. A gross insult was not from the right to freedom of expression covered, and a reason for an extraordinary termination. Decisive are the circumstances that the judge, at the expense of the employee-rated goods, however (LAG Schleswig-Holstein, judgment of 24. January 2017, Reference Number 3 Sa 244/16).
home office-work may
After an engineer had refused to work in the home office, he received from his company, the notice will be rejected. According to the regional labour court (LAG) of Berlin-Brandenburg, this however is invalid: The grounds: The employer is not entitled by virtue of its contractual right to issue Instructions, to the employee to telecommute assign (LAG Berlin-Brandenburg, judgment of 10. October 2018, Reference Number 17 Sa 562/18).
irony in the reference is not
allows To much praise can damage a worker. Formulations such as “If it would give a better grade than ‘very well’, we would assess him thus,” are inadmissible, decided by the regional labour court (LAG) Hamm. This applies particularly then, if a formula of regret missing the departure of the employee. The effect is as if the testimony was not meant seriously, were the judges. Job reference: claim Form & secret codes (display) job reference now to create
In the present case, an employee had appealed against such an assessment of his boss. Basically, it is up to the employer to articulate a testimony of the text. Here, the parties had agreed, however, in a comparison to the fact that the employee has a right of proposal. The employers had increased as a consequence, many formulations of the employee’s positive. From “always be safe” “safe” and “very good comprehension” was “its extremely good comprehension” (LAG Hamm, Urteil vom 11. November 2016, Reference Number 12 Ta 475/16).
Unauthorised holiday can make the Job cost –
Spontaneously, a week’s holiday in the South? Caution, it can go even you lost your job. The unauthorized self-leave of absence is a serious violation of employment obligations of the employee – were the judges of the regional labour court (LAG) of Düsseldorf. The employer may say in this misconduct, a notice of termination (LAG Düsseldorf, judgment of 11. July 2018, File Number 8 Sa 87/18).
the employer must, no private numbers ask
employees don’t need to give your boss your private cell phone number. In the case of the employees of a health authority, it may operations to an Emergency outside of normal working hours. The employer therefore claimed the private mobile number of your order to you quickly in an emergency to reach. When the employee refused, she took from her boss a warning.
The employees fought back against them, which WAS the land labour court () Thüringen right; the actions of the employer were not allowed under privacy laws. The employee could not then come to rest – a substantial interference in their personal rights. Therefore, the warning is illegal and must be removed from the personnel file, stated the judge (WAS Thuringia 16. May 2018, File Number 6 Sa 442/17).
testing times for Job assured
insured Who is looking for a job, and a trial working day in the company of hurt, legally accident – decided by the Federal social court. An Intern had been to during such working hours of a garbage truck. In the opinion of the judge, the accident is treated as if he were a normal employee happens. Therefore, he is covered by the statutory accident insurance (Federal social court from 20. August 2019, File Number B 2 U 1/18 R).
vacation entitlement does not expire automatically
An employee shall not lose his entitlements to annual leave automatically, because he had not asked for the time. This was decided by the European court of justice (ECJ). Such days are forfeited only if the employer can prove that the employee voluntarily waives his vacation. In addition, the employer must have treated his employees to take time holidays.
In the first case, a law graduated law clerk at Land of Berlin, his legal preparatory service. During the last few months, he took no paid annual leave. After service, he applied for a financial compensation for the unused days of holiday. The country refused, however, whereupon the Ex-sued a law clerk at the administrative court.
employee time
In the second case, an employee of the Max-Planck sought the society for the promotion of Sciences. Two months before the end of the employment relationship, asked him of the employer, to consume the rest of his holiday. This does not obliged him, however, to complete the REC at a specified date. The staff only took two days of leave, and applied for the Rest of a remuneration, what is the Max-Planck-Gesellschaft refused (ECJ, judgment of 6. November 2018, Case C-619/16, C-684/16).
job reference: dishonest behavior needs to
be proved In some industries, it is important that Employees get in the work certificate of honesty to certify. This note may not be omitted according to the regional labor court of Hamm simple, if the employer only has a suspicion that some staff had not been honest. In the case of the testimony of a sales administrator. In his testimony, the evaluation of “He is honest, hardworking, punctual and reliable.” As the staff announced, but was in the Endzeugnis the note on his honesty. So you write a work certificate
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Since the employer could not prove his suspicions sufficiently, the court decided that the employee can demand an Express mention of honesty in the testimony. As a sales Manager he was part of a group of people, in which this indication is expected in the witness. If it is missing, could be negative inferences (LAG Hamm of 31. January 2019 – 11 Sa 795/18).
Full holiday pay in spite of short-time work
workers have also decided in the case of short-time working are entitled to their full salary, the European court of justice (ECJ). The EU minimum holiday you can get, however, only if you were in operation throughout the year. Concrete Bauer, Torsten H. wanted by his employer of almost 900 Euro additional Payment. The head had been cut, as in the collective agreement for the construction of the holiday content is provided, because its employees had previously received due to short-time working, less money. Clear announcement of the Europe-judge: In the holiday, the full salary must be paid, the employee usually receives. This also applies if this got before because of short-time work, less money.
However, the minimum holiday of four weeks per year, payable only when workers really were in operation throughout the year, it is said in the judgment. Torsten H. was prior to the controversial holiday for 26 weeks in short-time working and had not worked. He must, therefore, receive the full salary for two weeks (ECJ of 13. December 2018, Case C-385/17).
termination out of revenge, inadmissible
Want to leave one of the employees of the company may not terminate the boss of him, still rather get rid of – decided by the labour court Siegburg: A team leader quit his Job at the end of January 2019 15. April, although only a four-week notice period was agreed. This is the operation used, however, and wanted his employees because of his “abandonment of will” is already 28. February get rid of, without success. A rematch termination might be allowed to would be if a hard-to-find replacement power already available, ruled the judge (labour court of Siegburg, Germany, from 17. July 2019, Files Sign 3 Ca 500/19).
parttime workers get Overtime surcharges
Who works part-time for more than the agreed hours, be entitled to the same surcharges as the colleagues in full-time, decided by the Federal labour court (BAG). If part-time, make workers work Overtime, you can claim in the future, it is easier for a Supplement for your more work. The surcharge will only be payable if the affected employee works more than his full-time colleagues.
the applicant is The Deputy branch Manager in the hospitality industry. Their working time was agreed for a year, at 90 percent, you must work 1818 hours. In 2016, the part-time force was just under 20 hours of Overtime. The company paid for only the regular wage 13,22 euros per hour. Through their lawsuit, the employee could be the additional tariff of more labor offers surcharge of 33 per cent – a total of 85,90 Euro (BAG, judgment of 19. December 2018, reference number 10 AZR 231/18).
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